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The store hours changed recently at my job. Instead of my…

Customer Question
The store hours changed...

The store hours changed recently at my job. Instead of my regular bi weekly of 79 hours, I am not getting paid for 77 hours. They did a calculation error I guess. I'm only working 76 hours bi weekly now. I've signed a salary form when they did the change that I would be paid the 77 hours. At the moment I didn't realize it should be 76. Can they fire me for overpaying me that extra hour? Thanks.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

NYS

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time at will.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Mope

Submitted: 11 months ago.Category: Employment Law
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Answered in 2 minutes by:
9/13/2017
Employment Lawyer: Legal Eagle, Lawyer replied 11 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 14,323
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. The answer unfortunately, is yes, they could fire you for breach of contract. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach, which means they would probably request that hour be returned back to them. However, parties are also required to work in good faith. One hour in the grand scheme is not very significant. It is possible that you could agree with the employer to have that additional hour deducted from a future check to make up for the difference because of a reasonable mistake at the time.

Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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